Besides lawyers, who are eligible to be defense counsels in criminal cases in Vietnam?

Besides lawyers, who are eligible to be defense counsels in criminal cases in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who are defense counsels?

Defense counsels are enabled by persons facing charges or appointed by competent procedural authorities to perform activities of pleading, the registration of which has been approved by competent procedural authorities and persons/

(Clause 1, Article 72 of the Criminal Procedure Code 2015)

2. Besides lawyers, who are eligible to be defense counsels in criminal cases in Vietnam?

Pursuant to Article 72 of the Criminal Procedure Code 2015, defense counsels may be:

- Lawyers;

- Representatives of persons facing charges;

- People’s advocates;

- Legal assistants for charged persons given legal aid.

In particular, people’s advocates are Vietnamese citizens from 18 years of age, pledging allegiance to the Nation, possessing good moral quality, having legal knowledge and sound health to fulfill assignments. Such advocates are assigned by the Committee or affiliations of the Vietnam Fatherland Front to defend their personnel facing charges.

A defense counsel may defend various persons facing charges in one lawsuit if such persons' rights and benefits do not come into collision.

Various defense counsels may defend one person facing charges.

Thus, in addition to lawyers, the above-mentioned persons are eligible to be defense counsels.

3. Persons who are not allowed to plead in the defense

The following individuals cannot plead:

- Having engaged in legal proceedings of the lawsuit; or being kindred of persons having engaged in legal procedure of the lawsuit;

- Having attended the lawsuit as witness testifiers, expert witnesses, valuators, translators, interpreters;

- Persons sentenced with criminal records sustained, facing criminal prosecution, or sent to mandatory rehabilitation or education centers through administrative measures.

(Clause 4, Article 72 of the Criminal Procedure Code 2015)

4. What is the time of defense counsels' participation in legal proceedings in Vietnam?

According to Article 74 of the Criminal Procedure Code 2015, the time of defense counsels' participation in legal proceedings is as follows:

Defense counsels engage in legal proceedings upon the prosecution of suspects.

Defense counsels for arrestees and temporary detainees engage in legal proceedings upon the arrestees’ appearance in an office of investigation authorities or units assigned to carry out certain activities of investigation or upon the release of a decision on temporary detainment.

The head of the Procuracy is authorized, when confidentiality of investigations into national security breach is vital, to sanction defense counsels' engagement in legal proceedings after investigations end.

5. When does the Court appoint a defense counsel?

Competent procedural authorities shall appoint defense counsels, who are not sought by accused persons, their representative or kin in the following events:

- Suspects or defendants facing charges that may lead to the harshest sentence of 20 years in prison, life imprisonment or death as per the Criminal Code;

- Persons facing charges and not capable of defending themselves due to physical defects; those with mental disabilities or those under 18 years of age.

(Clause 1, Article 76 of the Criminal Procedure Code 2015)

Nguyen Ngoc Que Anh

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